Ronnie O. and G. June Craft - Page 8

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         whether petitioner incurred these expenses as an employee or                 
         shareholder of Craft-Barnett.  If petitioner incurred these                  
         expenses to protect his equity interest in Craft-Barnett, the                
         expenses would be capitalized and would not be deductible by                 
         petitioner.  Section 162(a) allows a deduction for all ordinary              
         and necessary expenses incurred in carrying on a trade or                    
         business.  The performance of services as an employee constitutes            
         a trade or business.  O'Malley v. Commissioner, 91 T.C. 352, 363-            
         364 (1988).  An ordinary expense is one that is common and                   
         acceptable in the particular business.  Welch v. Helvering, supra            
         at 113-114.  The principal function of the word “ordinary” in                
         section 162(a) is to clarify the distinction between expenses                
         which are currently deductible and expenses which are capital in             
         nature.  Commissioner v. Tellier, 383 U.S. 687, 689 (1966); Noyce            
         v. Commissioner, supra at 686.  A necessary expense is an expense            
         that is appropriate and helpful in carrying on the trade or                  
         business.  Heineman v. Commissioner, 82 T.C. 538, 543 (1984).  As            
         petitioner’s expenses were not incurred in the acquisition or                
         enhancement of a capital asset but in the conduct of his duties              
         as an employee of Craft-Barnett, the expenses are ordinary.  The             
         expenses incurred by petitioner were necessary to fulfill his                
         duties as vice president of Craft-Barnett.                                   
               Therefore, we conclude that the expenditures attributable to           
         Craft-Barnett are deductible by petitioner as ordinary and                   






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